Rep. Kelly M. Burke

Filed: 3/21/2019

 

 


 

 


 
10100HB3032ham001LRB101 10812 AMC 57964 a

1
AMENDMENT TO HOUSE BILL 3032

2    AMENDMENT NO. ______. Amend House Bill 3032 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Regulatory Sunset Act is amended by
5changing Section 4.35 as follows:
 
6    (5 ILCS 80/4.35)
7    Sec. 4.35. Acts Act repealed on January 1, 2025. The
8following Acts are Act is repealed on January 1, 2025:
9    The Genetic Counselor Licensing Act.
10    The Medical Practice Act of 1987.
11(Source: P.A. 98-813, eff. 1-1-15.)
 
12    (5 ILCS 80/4.29 rep.)
13    Section 10. The Regulatory Sunset Act is amended by
14repealing Section 4.29.
 

 

 

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1    Section 15. The Medical Practice Act of 1987 is amended by
2changing Sections 21, 36, 38, 39, and 40 as follows:
 
3    (225 ILCS 60/21)  (from Ch. 111, par. 4400-21)
4    (Section scheduled to be repealed on December 31, 2019)
5    Sec. 21. License renewal; reinstatement; inactive status;
6disposition and collection of fees.
7    (A) Renewal. The expiration date and renewal period for
8each license issued under this Act shall be set by rule. The
9holder of a license may renew the license by paying the
10required fee. The holder of a license may also renew the
11license within 90 days after its expiration by complying with
12the requirements for renewal and payment of an additional fee.
13A license renewal within 90 days after expiration shall be
14effective retroactively to the expiration date.
15    The Department shall attempt to provide through electronic
16means to each licensee under this Act, at least 60 days in
17advance of the expiration date of his or her license, a renewal
18notice. No such license shall be deemed to have lapsed until 90
19days after the expiration date and after the Department has
20attempted to provide such notice as herein provided.
21    (B) Reinstatement. Any licensee who has permitted his or
22her license to lapse or who has had his or her license on
23inactive status may have his or her license reinstated by
24making application to the Department and filing proof
25acceptable to the Department of his or her fitness to have the

 

 

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1license reinstated, including evidence certifying to active
2practice in another jurisdiction satisfactory to the
3Department, proof of meeting the continuing education
4requirements for one renewal period, and by paying the required
5reinstatement fee.
6    If the licensee has not maintained an active practice in
7another jurisdiction satisfactory to the Department, the
8Licensing Board shall determine, by an evaluation program
9established by rule, the applicant's fitness to resume active
10status and may require the licensee to complete a period of
11evaluated clinical experience and may require successful
12completion of a practical examination specified by the
13Licensing Board.
14    However, any registrant whose license has expired while he
15or she has been engaged (a) in Federal Service on active duty
16with the Army of the United States, the United States Navy, the
17Marine Corps, the Air Force, the Coast Guard, the Public Health
18Service or the State Militia called into the service or
19training of the United States of America, or (b) in training or
20education under the supervision of the United States
21preliminary to induction into the military service, may have
22his or her license reinstated without paying any lapsed renewal
23fees, if within 2 years after honorable termination of such
24service, training, or education, he or she furnishes to the
25Department with satisfactory evidence to the effect that he or
26she has been so engaged and that his or her service, training,

 

 

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1or education has been so terminated.
2    (C) Inactive licenses. Any licensee who notifies the
3Department, in writing on forms prescribed by the Department,
4may elect to place his or her license on an inactive status and
5shall, subject to rules of the Department, be excused from
6payment of renewal fees until he or she notifies the Department
7in writing of his or her desire to resume active status.
8    Any licensee requesting reinstatement from inactive status
9shall be required to pay the current renewal fee, provide proof
10of meeting the continuing education requirements for the period
11of time the license is inactive not to exceed one renewal
12period, and shall be required to reinstate his or her license
13as provided in subsection (B).
14    Any licensee whose license is in an inactive status shall
15not practice in the State of Illinois.
16    (D) Disposition of monies collected. All monies collected
17under this Act by the Department shall be deposited in the
18Illinois State Medical Disciplinary Fund in the State Treasury,
19and used only for the following purposes: (a) by the
20Disciplinary Board and Licensing Board in the exercise of its
21powers and performance of its duties, as such use is made by
22the Department with full consideration of all recommendations
23of the Disciplinary Board and Licensing Board, (b) for costs
24directly related to persons licensed under this Act, and (c)
25for direct and allocable indirect costs related to the public
26purposes of the Department.

 

 

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1    Moneys in the Fund may be transferred to the Professions
2Indirect Cost Fund as authorized under Section 2105-300 of the
3Department of Professional Regulation Law of the Civil
4Administrative Code of Illinois (20 ILCS 2105/2105-300).
5    The State Comptroller shall order and the State Treasurer
6shall transfer an amount equal to $1,100,000 from the Illinois
7State Medical Disciplinary Fund to the Local Government Tax
8Fund on each of the following dates: July 1, 2014, October 1,
92014, January 1, 2015, July 1, 2017, October 1, 2017, and
10January 1, 2018. These transfers shall constitute repayment of
11the $6,600,000 transfer made under Section 6z-18 of the State
12Finance Act.
13    All earnings received from investment of monies in the
14Illinois State Medical Disciplinary Fund shall be deposited in
15the Illinois State Medical Disciplinary Fund and shall be used
16for the same purposes as fees deposited in such Fund.
17    (E) Fees. The following fees are nonrefundable.
18        (1) Applicants for any examination shall be required to
19    pay, either to the Department or to the designated testing
20    service, a fee covering the cost of determining the
21    applicant's eligibility and providing the examination.
22    Failure to appear for the examination on the scheduled
23    date, at the time and place specified, after the
24    applicant's application for examination has been received
25    and acknowledged by the Department or the designated
26    testing service, shall result in the forfeiture of the

 

 

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1    examination fee.
2        (2) Before July 1, 2018, the fee for a license under
3    Section 9 of this Act is $700. Beginning on July 1, 2018,
4    the fee for a license under Section 9 of this Act is $500.
5        (3) Before July 1, 2018, the fee for a license under
6    Section 19 of this Act is $700. Beginning on July 1, 2018,
7    the fee for a license under Section 19 of this Act is $500.
8        (4) Before July 1, 2018, the fee for the renewal of a
9    license for a resident of Illinois shall be calculated at
10    the rate of $230 per year, and beginning on July 1, 2018,
11    the fee for the renewal of a license shall be $167, except
12    for licensees who were issued a license within 12 months of
13    the expiration date of the license, before July 1, 2018,
14    the fee for the renewal shall be $230, and beginning on
15    July 1, 2018 that fee will be $167. Before July 1, 2018,
16    the fee for the renewal of a license for a nonresident
17    shall be calculated at the rate of $460 per year, and
18    beginning on July 1, 2018, the fee for the renewal of a
19    license for a nonresident shall be $250, except for
20    licensees who were issued a license within 12 months of the
21    expiration date of the license, before July 1, 2018, the
22    fee for the renewal shall be $460, and beginning on July 1,
23    2018 that fee will be $250.
24        (5) The fee for the reinstatement of a license other
25    than from inactive status, is $230. In addition, payment of
26    all lapsed renewal fees not to exceed $1,400 is required.

 

 

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1        (6) The fee for a 3-year temporary license under
2    Section 17 is $230.
3        (7) The fee for the issuance of a duplicate license,
4    for the issuance of a replacement license for a license
5    which has been lost or destroyed, or for the issuance of a
6    license with a change of name or address other than during
7    the renewal period is $20. No fee is required for name and
8    address changes on Department records when no duplicate
9    license is issued.
10        (8) The fee to be paid for a license record for any
11    purpose is $20.
12        (9) The fee to be paid to have the scoring of an
13    examination, administered by the Department, reviewed and
14    verified, is $20 plus any fees charged by the applicable
15    testing service.
16        (10) The fee to be paid by a licensee for a wall
17    certificate showing his or her license shall be the actual
18    cost of producing the certificate as determined by the
19    Department.
20        (11) The fee for a roster of persons licensed as
21    physicians in this State shall be the actual cost of
22    producing such a roster as determined by the Department.
23    (F) Any person who delivers a check or other payment to the
24Department that is returned to the Department unpaid by the
25financial institution upon which it is drawn shall pay to the
26Department, in addition to the amount already owed to the

 

 

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1Department, a fine of $50. The fines imposed by this Section
2are in addition to any other discipline provided under this Act
3for unlicensed practice or practice on a nonrenewed license.
4The Department shall notify the person that payment of fees and
5fines shall be paid to the Department by certified check or
6money order within 30 calendar days of the notification. If,
7after the expiration of 30 days from the date of the
8notification, the person has failed to submit the necessary
9remittance, the Department shall automatically terminate the
10license or permit or deny the application, without hearing. If,
11after termination or denial, the person seeks a license or
12permit, he or she shall apply to the Department for
13reinstatement or issuance of the license or permit and pay all
14fees and fines due to the Department. The Department may
15establish a fee for the processing of an application for
16reinstatement of a license or permit to pay all expenses of
17processing this application. The Secretary may waive the fines
18due under this Section in individual cases where the Secretary
19finds that the fines would be unreasonable or unnecessarily
20burdensome.
21(Source: P.A. 98-3, eff. 3-8-13; 98-1140, eff. 12-30-14;
2299-909, eff. 12-16-16.)
 
23    (225 ILCS 60/36)  (from Ch. 111, par. 4400-36)
24    (Section scheduled to be repealed on December 31, 2019)
25    Sec. 36. Investigation; notice.

 

 

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1    (a) Upon the motion of either the Department or the
2Disciplinary Board or upon the verified complaint in writing of
3any person setting forth facts which, if proven, would
4constitute grounds for suspension or revocation under Section
522 of this Act, the Department shall investigate the actions of
6any person, so accused, who holds or represents that he or she
7holds they hold a license. Such person is hereinafter called
8the accused.
9    (b) The Department shall, before suspending, revoking,
10placing on probationary status, or taking any other
11disciplinary action as the Department may deem proper with
12regard to any license at least 30 days prior to the date set
13for the hearing, notify the accused in writing of any charges
14made and the time and place for a hearing of the charges before
15the Disciplinary Board, direct him or her them to file his or
16her their written answer thereto to the Disciplinary Board
17under oath within 20 days after the service on him or her them
18of such notice and inform him or her them that if he or she
19fails they fail to file such answer default will be taken
20against him or her them and his or her their license may be
21suspended, revoked, placed on probationary status, or have
22other disciplinary action, including limiting the scope,
23nature or extent of his or her their practice, as the
24Department may deem proper taken with regard thereto. The
25Department shall, at least 14 days prior to the date set for
26the hearing, notify in writing any person who filed a complaint

 

 

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1against the accused of the time and place for the hearing of
2the charges against the accused before the Disciplinary Board
3and inform such person whether he or she may provide testimony
4at the hearing.
5    (c) Where a physician has been found, upon complaint and
6investigation of the Department, and after hearing, to have
7performed an abortion procedure in a wilful and wanton manner
8upon a woman who was not pregnant at the time such abortion
9procedure was performed, the Department shall automatically
10revoke the license of such physician to practice medicine in
11Illinois.
12    (d) Such written notice and any notice in such proceedings
13thereafter may be served by personal delivery, email to the
14respondent's email address of record, or mail to the
15respondent's delivery of the same, personally, to the accused
16person, or by mailing the same by registered or certified mail
17to the accused person's address of record.
18    (e) All information gathered by the Department during its
19investigation including information subpoenaed under Section
2023 or 38 of this Act and the investigative file shall be kept
21for the confidential use of the Secretary, Disciplinary Board,
22the Medical Coordinators, persons employed by contract to
23advise the Medical Coordinator or the Department, the
24Disciplinary Board's attorneys, the medical investigative
25staff, and authorized clerical staff, as provided in this Act
26and shall be afforded the same status as is provided

 

 

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1information concerning medical studies in Part 21 of Article
2VIII of the Code of Civil Procedure, except that the Department
3may disclose information and documents to a federal, State, or
4local law enforcement agency pursuant to a subpoena in an
5ongoing criminal investigation to a health care licensing body
6of this State or another state or jurisdiction pursuant to an
7official request made by that licensing body. Furthermore,
8information and documents disclosed to a federal, State, or
9local law enforcement agency may be used by that agency only
10for the investigation and prosecution of a criminal offense or,
11in the case of disclosure to a health care licensing body, only
12for investigations and disciplinary action proceedings with
13regard to a license issued by that licensing body.
14(Source: P.A. 97-449, eff. 1-1-12; 97-622, eff. 11-23-11;
1598-1140, eff. 12-30-14.)
 
16    (225 ILCS 60/38)  (from Ch. 111, par. 4400-38)
17    (Section scheduled to be repealed on December 31, 2019)
18    Sec. 38. Subpoena; oaths.
19    (a) The Disciplinary Board or Department has power to
20subpoena and bring before it any person in this State and to
21take testimony either orally or by deposition, or both, with
22the same fees and mileage and in the same manner as is
23prescribed by law for judicial procedure in civil cases.
24    (b) The Disciplinary Board, upon a determination that
25probable cause exists that a violation of one or more of the

 

 

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1grounds for discipline listed in Section 22 has occurred or is
2occurring, may subpoena the medical and hospital records of
3individual patients of physicians licensed under this Act,
4provided, that prior to the submission of such records to the
5Disciplinary Board, all information indicating the identity of
6the patient shall be removed and deleted. Notwithstanding the
7foregoing, the Disciplinary Board and Department shall possess
8the power to subpoena copies of hospital or medical records in
9mandatory report cases under Section 23 alleging death or
10permanent bodily injury when consent to obtain records is not
11provided by a patient or legal representative. Prior to
12submission of the records to the Disciplinary Board, all
13information indicating the identity of the patient shall be
14removed and deleted. All medical records and other information
15received pursuant to subpoena shall be confidential and shall
16be afforded the same status as is proved information concerning
17medical studies in Part 21 of Article VIII of the Code of Civil
18Procedure. The use of such records shall be restricted to
19members of the Disciplinary Board, the medical coordinators,
20and appropriate staff of the Department designated by the
21Disciplinary Board for the purpose of determining the existence
22of one or more grounds for discipline of the physician as
23provided for by Section 22 of this Act. Any such review of
24individual patients' records shall be conducted by the
25Disciplinary Board in strict confidentiality, provided that
26such patient records shall be admissible in a disciplinary

 

 

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1hearing, before the Disciplinary Board, when necessary to
2substantiate the grounds for discipline alleged against the
3physician licensed under this Act, and provided further, that
4nothing herein shall be deemed to supersede the provisions of
5Part 21 of Article VIII of the "Code of Civil Procedure", as
6now or hereafter amended, to the extent applicable.
7    (c) The Secretary, hearing officer, and any member of the
8Disciplinary Board each have power to administer oaths at any
9hearing which the Disciplinary Board or Department is
10authorized by law to conduct.
11    (d) The Disciplinary Board, upon a determination that
12probable cause exists that a violation of one or more of the
13grounds for discipline listed in Section 22 has occurred or is
14occurring on the business premises of a physician licensed
15under this Act, may issue an order authorizing an appropriately
16qualified investigator employed by the Department to enter upon
17the business premises with due consideration for patient care
18of the subject of the investigation so as to inspect the
19physical premises and equipment and furnishings therein. No
20such order shall include the right of inspection of business,
21medical, or personnel records located on the premises. For
22purposes of this Section, "business premises" is defined as the
23office or offices where the physician conducts the practice of
24medicine. Any such order shall expire and become void five
25business days after its issuance by the Disciplinary Board. The
26execution of any such order shall be valid only during the

 

 

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1normal business hours of the facility or office to be
2inspected.
3(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
 
4    (225 ILCS 60/39)  (from Ch. 111, par. 4400-39)
5    (Section scheduled to be repealed on December 31, 2019)
6    Sec. 39. Certified shorthand reporter; record. The
7Department, at its expense, shall provide a certified shorthand
8reporter to take down the testimony and preserve a record of
9all proceedings at the hearing of any case wherein a license
10may be revoked, suspended, placed on probationary status, or
11other disciplinary action taken with regard thereto. The notice
12of hearing, complaint and all other documents in the nature of
13pleadings and written motions filed in the proceedings, the
14transcript of testimony, the report of the hearing officer,
15exhibits, the report of the Licensing Board, and the orders of
16the Department constitute the record of the proceedings. The
17Department shall furnish a copy of the record to any person
18interested in such hearing upon payment of the fee required
19under Section 2105-115 of the Department of Professional
20Regulation Law (20 ILCS 2105/2105-115). The Department may
21contract for court reporting services, and, in the event it
22does so, the Department shall provide the name and contact
23information for the certified shorthand reporter who
24transcribed the testimony at a hearing to any person
25interested, who may obtain a copy of the record of any

 

 

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1proceedings at a hearing upon payment of the fee specified by
2the certified shorthand reporter. This charge is in addition to
3any fee charged by the Department for certifying the record.
4(Source: P.A. 100-429, eff. 8-25-17.)
 
5    (225 ILCS 60/40)  (from Ch. 111, par. 4400-40)
6    (Section scheduled to be repealed on December 31, 2019)
7    Sec. 40. Findings and recommendations; rehearing.
8    (a) The Disciplinary Board shall present to the Secretary a
9written report of its findings and recommendations. A copy of
10such report shall be served upon the accused person, either
11personally or by registered or certified mail or email. Within
1220 days after such service, the accused person may present to
13the Department his or her their motion, in writing, for a
14rehearing, which written motion shall specify the particular
15ground therefor. If the accused person orders and pays for a
16transcript of the record as provided in Section 39, the time
17elapsing thereafter and before such transcript is ready for
18delivery to them shall not be counted as part of such 20 days.
19    (b) At the expiration of the time allowed for filing a
20motion for rehearing, the Secretary may take the action
21recommended by the Disciplinary Board. Upon the suspension,
22revocation, placement on probationary status, or the taking of
23any other disciplinary action, including the limiting of the
24scope, nature, or extent of one's practice, deemed proper by
25the Department, with regard to the license or permit, the

 

 

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1accused shall surrender his or her their license or permit to
2the Department, if ordered to do so by the Department, and upon
3his or her their failure or refusal so to do, the Department
4may seize the same.
5    (c) Each order of revocation, suspension, or other
6disciplinary action shall contain a brief, concise statement of
7the ground or grounds upon which the Department's action is
8based, as well as the specific terms and conditions of such
9action. This document shall be retained as a permanent record
10by the Disciplinary Board and the Secretary.
11    (d) The Department shall at least annually publish a list
12of the names of all persons disciplined under this Act in the
13preceding 12 months. Such lists shall be available by the
14Department on its website.
15    (e) In those instances where an order of revocation,
16suspension, or other disciplinary action has been rendered by
17virtue of a physician's physical illness, including, but not
18limited to, deterioration through the aging process, or loss of
19motor skill which results in a physician's inability to
20practice medicine with reasonable judgment, skill, or safety,
21the Department shall only permit this document, and the record
22of the hearing incident thereto, to be observed, inspected,
23viewed, or copied pursuant to court order.
24(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
 
25    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law.".